Citation Codes Equivalent Citations citation codes Docket Number Case No. 1:05-cv-914-MEF. Motions Motion to dismiss : Granted Judges Mark E. Fuller See more information ... Smart Summary Please sign up to generate summary. JEEARLDEAN THOMAS, Plaintiff, v. UTILITY TRAILER MANUFACTURING COMPANY, d/b/a Utility Trailer Corporation, Defendant. ORDER MARK FULLER, District Judge After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The plaintiff's response (Doc. #33) to the Recommendation of the Magistrate Judge (Doc. #32) filed on August 7, 2006 is overruled; 2. The Recommendation of the Magistrate Judge entered on August 4, 2006 and supplemented on August 9, 2006 are adopted; 3. The defendants' motion to dismiss (Doc. #13) is GRANTED and counts five, six and seven of the plaintiff's complaint are dismissed with prejudice. 4. This matter is referred back to the Magistrate Judge for further proceedings.